IMPORTANT POINT
Order of Administrative Tribunal directing appointment in regular post forthwith under "kith and kin policy" in absence of vacancy is illegal and without jurisdiction.

JUDGMENT

Paripoornan, J.-Special leave granted.

2. The Himachal Pradesh Road Transport Corporation is the appellant in both the appeals. One Shri Dinesh Kumar is the respondent in the appeal filed against Special Leave Petition (C) No. 15998 of 1995 and one Ms. Parveen Kumari is the respondent in the appeal filed against Special Leave Petition (C) No.16027 of 1995. In this judgment the appellant will be referred to as the Corporation, and the respondents will be mentioned by their names.

3. The Corporation has filed the appeals against the order of Himachal Pradesh Administration Tribunal in O.A. No. 423/95 dated 27.3.1995 in the case of Shri Dinesh Kumar and against the order passed in O.A. No. 3320/94 dated 6.3.1995 in the case of Ms. Parveen Kumari. Both the appeals are connected. They involve consideration of a common question, namely, whether the respondents are entitled to be appointed as clerks on regular basis forthwith under the kith and kin policy . We should has ten to add that the validity of kith and kin policy was not questioned before us. So, we are not adjudicating the larger aspect in these      appeals.

4. We heard counsel. The minimal facts necessary for the disposal of the appeals are as follows :-

The respondents in both the appeals applied for appointment as clerks under "kith and kin policy" in the Corporation. Shri Dinesh Kumar is son of late Shri Hari Krishan, who was serving as an Accountant in the Corporation. Shri Hari Krishan died on 14.4.1990, leaving behind him his wife and three sons. The Corporation has settled and paid all dues to the family by way of family pension, gratuity, provident fund, leave encashment, etc. In addition thereto one of the dependants of deceased Shri Hari Krishan, Shri Dinesh Kumar, the respondent, was provided with a part-time job on Rs. 600/- per month in Bilaspur. Earlier, he was offered the post of a conductor on regular basis, but he declined to accept the same. Since there was no vacancy in the clerical post Shri Dinesh Kumar was appointed on contract basis as a clerk. He moved the Administrative Tribunal and prayed for his appointment as clerk on regular basis with immediate effect. The Tribunal granted the prayer with a condition that the applicant should qualify the typing test within one year. The order of the Tribunal is dated 27.3.1995.

The respondent Ms. Parveen Kumari is the daughter of late Shri Om Parkash, who was serving as a driver in the Corporation. He died on 2.11.1991. The respondent submitted application seeking employment under kith and kin policy. The deceased left behind him his wife and daughter. The Corporation settled the monetary compensation due to the deceased by way of family pension, gratuity, provident fund, leave encashment, etc. Under the scheme of appointment for kith and kins of deceased the Corporation took a lenient view and approved the case of the respondent for employment for the post of clerk on 27.5.1993. Her name was included in the waiting panel.

5. The Corporation has filed Annexure-I showing details of the candidates waiting for appointment under kith and kin policy for the post of clerk. Shri Dinesh Kumar is serial number 27 and Ms. Parveen Kumari is serial number 45. According to the Corporation, due to high incidents of bus accidents in the hill roads, the death rate in the Corporation is very high whereas the availability of posts are comparatively lesser. It is further stated that list of dependants and claimants for appointment on kith and kin policy are very large. Since there are only limited posts the Corporation is not in a position to accommodate all of them in the permanent posts. It takes some time to provide the persons, who are entitled under the kith and kin policy, with suitable jobs. It is stated with reference to Annexure-I that serial numbers 1 to 11 were absorbed as clerk-cum-typists during 1994 on regular basis. 20 candidates, appearing at serial numbers 12, 13, 15, 16, 17, 18, 20, 21, 22, 23, 24,